Peng Fei He resentenced to six years for cannabis offence

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Peng Fei He was resentenced by the Court of Appeal on 30 November 2017 to six years in prison, with the final 18 months suspended. The suspension was subject to the earlier condition that he enter a €200 bond to keep the peace and be of good behaviour.

He pleaded guilty on 4 July 2016 to an offence under section 15A of the Misuse of Drugs Act 1977. Other counts on the indictment were taken into consideration. After the facts were heard on 4 October 2016, he was sentenced on 5 October to eight years, with the final two years suspended for two years on the same bond condition. The sentence was backdated to 13 November 2015, when he was taken into custody.

A customs officer intercepted two DHL packages from Spain at Dublin Airport on 11 November 2015. They contained cannabis valued at €70,620 and €71,300. On 13 November, He received the first package outside a Blackhorse Avenue address and put it in his car boot. He was stopped and arrested shortly afterwards. The second package was not delivered, and he had both phones associated with the packages.

At the scene, He said he had been instructed to collect a package containing pornography for €200. He was untruthful during his first four interviews, but later accepted responsibility for both packages and admitted ordering them and selecting the delivery locations.

The sentencing judge accepted that his precise role was unclear and that he was not the main beneficiary, but acted mainly for financial reasons. His admissions concerning the second package were considered material assistance. The judge gave limited weight to fear because he had not given evidence of specific threats or identified those allegedly threatening him.

Delivering the appeal judgment, Mr Justice Hedigan said the original 12-year headline sentence was too severe and the appropriate headline was nine years. Applying the mitigating factors and favourable reports, the court imposed the six-year sentence. It agreed that exceptional circumstances made the mandatory minimum of 10 years unjust.